ORDER : B.S. Patil, J. W.P. Nos. 19076 and 19077 of 2014 are filed by the two petitioners challenging the endorsement dated 28-1-2014 issued by 2nd respondent-Mysore and Chamarajnagar District Co-operative Milk Producers Union Limited, Mysore, vide Annexure-AC thereby informing petitioners that request for implementation of order passed by the Karnataka Appellate Tribunal dated 20-3-2012 could not be considered as the same would adversely affect the 2nd respondent-Milk Union. A writ of mandamus has been sought by petitioners for implementation of the order passed by the Tribunal in Appeal No. 283 of 2007 disposed of on 20-3-2012 confirming the award dated 6-11-2006 passed by the Joint Registrar of Co-operative Societies, Mysore Region, Mysore. 2. Petitioner No. 1 was appointed as Extension Officer, Grade II in the pay scale of Rs. 750-1500/- on 13-10-1984 by the Karnataka Co-operative Milk Federation, Bengaluru. Appointment was made for the benefit of and to serve under 2nd respondent. Petitioner no.2 was appointed in the same grade on the same pay scale as per the order dated 29-6-1985 issued by 1st respondent and was asked to report for duty under the Dakshina Kannada Milk Union, Bangalore. It is relevant to state at this stage itself that 2nd petitioner was subsequently transferred to 2nd respondent-Mysore and Chamarajnagar District Co-operative Milk Producers' Union Limited. 3. An Expert Committee was constituted regarding fixation of pay scale of the employees of 1st respondent-Federation. It made recommendations vide its proceedings dated 18-2-1984 to the effect that 1st respondent-Federation shall recruit extension officers only in the pay scale of Rs. 750-1500/- as against the earlier pay scale of Rs. 1050-1900/-. The said officers on recruitment may be re-designated as Assistant Extension Officer. The Assistant Extension Officer would become an Extension Officer after completion of 5 years of service as Assistant Extension Officer subject to his suitability for the post. In every unit at least 50% of posts in extension wing will have the pay scale of Rs. 750-1500/- and others in the pay scale of Rs. 1050-1900/-. 4. This recommendation of the Expert Committee was accepted by the Board of Directors of 1st respondent-Federation and an order was issued on 18-4-1984 copy of which is produced at Annexure-E. It is evident from the said order that 1st respondent-Federation decided to recruit Assistant Extension Officers only in the pay scale of Rs. 750-1500/-. 1050-1900/-. 4. This recommendation of the Expert Committee was accepted by the Board of Directors of 1st respondent-Federation and an order was issued on 18-4-1984 copy of which is produced at Annexure-E. It is evident from the said order that 1st respondent-Federation decided to recruit Assistant Extension Officers only in the pay scale of Rs. 750-1500/-. The said officer would become Extension Officer after completion of 5 years of service, if found suitable. 5. As petitioners were appointed as Extension Officers, Grade II during the year 1984 and 1985 respectively in the pay scale of Rs. 750-1500/-, as per the order passed by 1st respondent-Federation on 18-4-1984 they were entitled for higher pay scale of Rs. 1050-1900/- after completion of 5 years of service and were entitled for re-designation as Extension Officers. However, 1st respondent-Federation did not implement this order and petitioners were not extended the benefit after the expiry of 5 years. 6. In the meanwhile, vide order dated 29-5-1987, the 1st respondent-Federation resolved to transfer the assets, liabilities and personnel of Mysore, Tumkur, Hassan and Kudige Dairies to the concerned Milk Unions of Mysore, Tumkur and Hassan. It was made clear in the said order that services of such employees who were working in the said unions shall be continued under the respective unions and eventually shall be treated as regular employees of the union. It is also necessary to notice that subsequently these unions have framed their own regulations regulating conditions of service of the respective employees of the union. 7. Some of the employees of Mandya District Co-operative Milk Producers' Union raised a dispute before the Joint Registrar of Co-operative Societies, Mysore Region, Mysore claiming the benefits flowing from the decision taken by the Federation vide order dated 18-4-1984. The Joint Registrar passed an order on 12-8-2002 allowing the dispute and directing fixation of pay scale to the said applicants in the pay scale of Rs. 1050-1900/-from the date of completion of 5 years of service and for payment of difference of pay with effect from the date of the order. 8. It is urged by petitioners that employees in other unions such as Bangalore, Kolar and Shimoga have also secured benefits because the concerned unions extended the benefit. 1050-1900/-from the date of completion of 5 years of service and for payment of difference of pay with effect from the date of the order. 8. It is urged by petitioners that employees in other unions such as Bangalore, Kolar and Shimoga have also secured benefits because the concerned unions extended the benefit. Petitioners who were working under Mysore and Chamarajnagar District Co-operative Milk Producers' Union went on making representations to their union requesting for extending the benefit of fixation of higher pay scale on completion of their 5 years service with effect from the date of their appointment. However, the said representations were not considered. Therefore, they raised a dispute before the Joint Registrar of Co-operative Societies, Mysore Region in dispute No. JRM:D.No.36:2003-04. The Joint Registrar passed an order dated 6-11-2006 holding that petitioners were entitled for benefit of fixation of higher pay scale in the scale of Rs. 1050-1900/- with effect from expiry of 5 years from the date of their respective appointments. This order was challenged before the Karnataka Appellate Tribunal by the Mysore and Chamarajnagar District Co-operative Milk Producers' Union Limited. The said appeal was dismissed on 20-3-2012. 9. After the dismissal of appeal, petitioners again demanded implementation of the order passed by the Tribunal. By the impugned endorsement, request made was rejected holding that it would have serious financial implication. That is how petitioners were constrained to approach this Court challenging the endorsement and seeking a writ of mandamus. 10. After the receipt of notice in this writ petition, Mysore and Chamarajnagar District Co-operative Milk Producers' Union Limited has also filed the connected writ petition in W.P. No. 39095 of 2014 challenging the order passed by the Joint Registrar confirmed in appeal by the Tribunal. It is in this background, both these writ petitions have been heard together and are being disposed of by this common order. 11. Upon hearing the learned Counsel for both parties, I find that it is undeniable that petitioners herein were initially employed by the Karnataka Co-operative Milk Federation and were asked to discharge their duties under 2nd respondent-Mysore and Chamarajnagar District Co-operative Milk Producers Union. While they were serving as employees of the Federation, a decision was taken by the federation on 18-2-1984 to extend promotional avenues for the Extension Officers in the matter of fixation of pay. While they were serving as employees of the Federation, a decision was taken by the federation on 18-2-1984 to extend promotional avenues for the Extension Officers in the matter of fixation of pay. The officials who were regarded as Extension Officers in the pay scale of Rs. 750-1500/- were extended higher pay scale of Rs. 1050-1900/- on completion of 5 years service in their posts and they were re-designated as Extension Officers. Therefore, it was for the Federation to implement this order and extend the benefit. Before the expiry of 5 years from the date petitioners were appointed, their services came to be permanently transferred to 2nd respondent-Union with a direction that they would be treated as employees of 2nd respondent-Union. 12. The proceedings of the Federation dated 29-5-1987 would disclose that Milk Producers Societies Union including 2nd respondent were transferred with all assets, liabilities and personnel in terms of the decision taken at the Government level so that hence forward they were independent unions entitled to regulate their affairs on their own. Effect of the said order dated 29-5-1987 is that with effect from the said date, present petitioners became the employees of the union. However, rights and obligations that were incurred earlier at the time they were the employees of the federation would continue inasmuch as the respective unions were transferred with assets, liabilities including the personnel who were working with them. It is undeniable that petitioners were entitled for fixation of higher pay scale after completion of 5 years of their service and were required to be re-designated as Extension Officers. The union did not take steps to act upon the decision taken in this regard by the Federation. Therefore, disputes were raised and in the case of Mandya District Co-operative Milk Producers Union, the said decision was implemented based on the direction issued by the Joint Registrar of Co-operative Societies. Some other District Unions have, on their own, implemented the decision. As the 2nd respondent did not implement the decision and fix the higher pay scale for petitioners, a dispute has been raised and petitioners have succeeded before the Joint Registrar of Co-operative Societies and the Tribunal. 13. Contention of learned Counsel for 2nd respondent-Union is that as the union is governed by its own cadre and recruitment rules it was not bound to follow the order passed and decision taken by the Federation. 13. Contention of learned Counsel for 2nd respondent-Union is that as the union is governed by its own cadre and recruitment rules it was not bound to follow the order passed and decision taken by the Federation. It is next contended that the dispute raised before the Joint Registrar was barred by time as there was delay in raising the dispute. 14. It is seen from the order of the Joint Registrar of Co-operative Societies confirmed in appeal by the Tribunal that delay in raising the dispute has been condoned. Section 70-A of the Karnataka Co-operative Societies Act, 1959 clothes the Registrar with power to condone the delay. It is true, the cause of action for fixation of higher pay scale has arisen to petitioners in the years 1989 and 1990 respectively after completion of 5 years in the cadre of Extension Officers Grade-II and the dispute has been raised after delay of nearly 14 years in the year 2003. But, as rightly contended by learned Counsel for petitioners, claim for fixation of higher pay scale and payment of higher pay consequent thereon is a matter of recurring cause of action and in respect of a grievance made for such fixation, dispute raised cannot be treated as time barred. However, it cannot be lost sight that if the said fixation results in payment of arrears of pay, the Court cannot be oblivious to the question of limitation and arrears of pay cannot be ordered retrospectively with effed from 1989 or 1990 as the case may be covering a period of almost 14 years. Therefore, to this extent, there is some justification in the contention urged by the learned Counsel for respondent-Union who has filed the connected writ petition challenging the award passed by the Joint Registrar confirmed by the Tribunal. 15. Indeed, the judgment on which reliance is placed by learned Counsel for petitioners in the case of M.R. Gupta v. Union of India and Others AIR 1996 Supreme Court 669 supports the contention urged by petitioners only to this limited extent inasmuch as claim for fixation of higher pay scale can be termed as a matter of recurring cause of action but payment of arrears consequent upon such fixation will have to be subjected to the period of limitation prescribed. Viewed in this context and taking note of the entire materials on record including the relief granted to similarly placed persons by other unions, I am of the view that ends of justice would be met, if petitioners are held entitled for the benefit of higher pay scale of Rs. 1050-1900/- upon completion of a period of five years from the date of their respective appointments, notionally. They would be entitled for consequential benefits on that basis in the higher pay scale except payment of arrears of the difference in pay scale. So far as arrears of pay scale is concerned, they would be entitled to claim the same with effect from the date the dispute was raised before the Joint Registrar. In the light of the above, writ petition filed by the two petitioners in W.P. Nos. 19076 and 19077 of 2014 are allowed in part. 2nd respondent-Union is directed to extend the benefit of higher pay scale in the scale of Rs. 1050-1900/- to 1st petitioner with effect from 13-10-1989 and to 2nd petitioner with effect from 29-6-1990. They would be entitled for all benefits except arrears of pay with effect from the said dates. Insofar as arrears of pay is concerned, both petitioners shall be entitled for payment of arrears with effect from the date of raising the dispute before the Joint Registrar. This direction shall be implemented within three months from the date of receipt of a copy of this order. Writ petition filed in W.P. No. 39095 of 2014 is partly allowed in terms stated above.